# The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999, Regulation 6: Opinions of the appropriate forestry body

Extent: E+W

(1) Where the proposer applies to the appropriate forestry body under regulation 5, they shall give to the proposer written notice of their opinion within 28 days beginning with—
(a) the date of their receipt of the application; or
(b) where they notify the proposer under regulation 5(3) that they require further information, the date of their receipt of that information.
(1A) In exceptional cases, where the nature, complexity, location or size of the project demands a longer period to reach an opinion, the appropriate forestry body may extend the deadline in paragraph (1), informing the proposer in writing of the reasons justifying the extension and of the date on which their opinion is expected.
(1B) Where a proposer applies for a grant from the appropriate forestry body or the National Forest Company for the purposes of the project and the application is accompanied by the information referred to in regulation 5(2), the appropriate forestry body may treat that grant application as an application for an opinion under regulation 5 and as an exceptional case for the purposes of paragraph (1A).
(2) Subject to paragraph (3), in considering, for the purpose of forming their opinion, whether the project is likely to have significant effects on the environment, the appropriate forestry body shall take into account the selection criteria in Schedule 3 and the results of any relevant EU environmental assessment which are reasonably available to the appropriate forestry body.
(3) In a case where, in accordance with—
(a) regulation 3A, 3B or paragraph 1A of Schedule 2, in relation to England, or
(b) paragraph 2 of Schedule 2, in relation to Wales,
the project is to be treated as being unlikely to have significant effects on the environment, the appropriate forestry body shall form their opinion in accordance with regulation 3(3) to (5) except where, in their opinion, there are exceptional circumstances which, taking account of the selection criteria in Schedule 3, make it likely that the project will have significant effects on the environment.
(4) Where the opinion of the appropriate forestry body is that the project is a relevant project, the appropriate forestry body shall include in or provide with their opinion a written statement of their reasons for being of that opinion.
(4A) Where the opinion of the appropriate forestry body is that a project is not a relevant project, the appropriate forestry body shall state—
(a) the main reasons for being of that opinion, with reference to the relevant selection criteria in Schedule 3; and
(b) where proposed by the proposer, any features of the project or measures envisaged to avoid or prevent what might otherwise have been significant adverse effects of the project on the environment.
(5) The appropriate forestry body may of their own motion give their opinion whether or not a project is or would be a relevant project and where they give an opinion under this paragraph—
(a) they shall give written notice of their opinion to any person who reasonably appears to them to be the proposer, and
(b) paragraphs (2), (3) and (4) of this regulation shall apply as they do to an opinion given in relation to an application under regulation 5(1).
(6) In paragraph (3), the reference to circumstances which are, in the opinion of the appropriate forestry body, exceptional shall be construed in accordance with paragraph 4 of Schedule 2.

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Source: https://www.legislation.gov.uk/uksi/1999/2228/regulation/6 (the official version)
Page: https://openlegislation.uk/environmental-impact-assessment-forestry-england-and-wales-regulations-1999/regulation-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.